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BILLOTTI v. LEGURSKY

No. 91-6346.

975 F.2d 113 (1992)

Frank J. BILLOTTI, Petitioner-Appellant, v. Carl LEGURSKY, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 8, 1992.

As Amended October 29, 1992.

Attorney(s) appearing for the Case

Franklin Dorrah Cleckley, Morgantown, W.Va., argued (Barbara H. Lupton, Masters & Taylor, L.C., Charleston, W.Va., on the brief), for petitioner-appellant.

Joanna Irene Tabit, Deputy Atty. Gen., Charleston, W.Va., argued (Mario J. Palumbo, Atty. Gen.), for respondent-appellee.

Before WILKINSON, NIEMEYER, and HAMILTON, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

Frank Billotti was found guilty of first-degree murder by a West Virginia jury. The jury declined to make a recommendation of "mercy," and the trial court accordingly imposed a sentence of life without possibility of parole. In this petition for habeas corpus, Billotti claims, among other things, that West Virginia's system of discretionary appeals and lack of standards for jury recommendations of mercy have deprived him...

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